Kerala High Court
G. Augustine vs K.S. Sinka on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
O.P.(RC) NO. 116 OF 2022
TIME BOUND DISPOSAL OF I.A.NO.58 OF 2020 IN R.P.NO.57 OF
2020 IN R.C.P.NO.14 OF 2015 AND R.P.NO.57 OF 2020 ON THE
FILES OF THE RENT CONTROL COURT (MUNSIFF), NORTH PARAVUR
PETITIONER:
G. AUGUSTINE,
AGED 73 YEARS, S/O GEORGE,
NADUVILA PARAMBIL, KATTIKKATTUKARA,
ALUPURAM P.O., ERNKULAM, PIN - 683501.
BY ADVS.
ANOOP JOSEPH
PAUL P. ABRAHAM
ZERENE LINDA MITCHEL
ASWANI THUVVAKKADAN
RESPONDENT:
K.S. SINKA
AGED 51 YEARS, W/O RAJAN, SINKA JEWELS,6/92 A,
NEW NO. X/128(VII/133),PATHALAM JUNCTION,
KONNAKKERIYAL, KUTTIKKATTUKARA,KADUNGALLUR,
VILLAGE, ERNAKULAM, PIN - 683501
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(RC) No.116 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner is the landlord in R.C.P.No.14 of 2015 on
the file of the Rent Control Court (Munsiff), North Paravur, a
petition filed under Sections 11(2)(b) and 11(3) of the Kerala
Buildings (Lease and Rent Control) Act, 1965, seeking eviction
of the respondent herein-tenant from the petition schedule
shop room. The petitioner has filed this original petition,
invoking the supervisory jurisdiction of this Court under Article
227 of the Constitution of India, seeking a time bound
disposal of I.A.No.58 of 2020, which is one filed by the tenant
for condonation of delay of 1126 days in filing Review Petition
No.57 of 2020, filed seeking to review the order dated
13.01.2017 in R.C.P.No.14 of 2015, and also for time bound
disposal of that Review Petition.
2. Heard the learned counsel for the petitioner.
Considering the nature of the relief proposed to be granted in
this original petition, service of notice on the respondent-
tenant is dispensed with.
O.P.(RC) No.116 of 2022
3. The petitioner is only seeking a time bound
disposal of I.A.No.58 of 2020 in R.P.No.57 of 2020 in
R.C.P.No.14 of 2015 and also R.P.No.57 of 2020 filed by the
respondent-tenant, within a time limit to be fixed by this
Court.
4. The petitioner-landlord is a senior citizen aged 73
years. It is submitted by the learned counsel for the petitioner
that I.A.No.58 of 2020 in R.P.No.57 of 2020 is listed for
consideration before the Rent Control Court tomorrow
(24.06.2022).
5. Having considered the submissions made by the
learned counsel for the petitioner, this original petition is
disposed of by directing the Rent Control Court (Munsiff),
North Paravur, to dispose of I.A.No.58 of 2020 in R.P.No.57 of
2020 in R.C.P.No.14 of 2015, the application for condonation
of delay, within a period of one month from the date of
production of a certified copy of this judgment. In case the
delay in filing R.P.No.57 of 2020 is condoned, the Rent Control
Court shall pass final orders on that Review Petition within a
O.P.(RC) No.116 of 2022
further period of one month.
The original petition is disposed of as above.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
O.P.(RC) No.116 of 2022
APPENDIX OF OP (RC) 116/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED
13.01.2017 OF R.C.P. NO. 14 OF 2015
BEFORE THE RENT CONTROL COURT, NORTH
PARAVUR FOR EVICTION OF TENANT AND
ARREARS OF RENT
Exhibit2 TRUE COPY OF THE REVIEW PETITION RP
NO. 57/2020 DATED 7.02.2020 IN RCP
NO.14/2015 FILED BY THE RESPONDENT
Exhibit3 TRUE COPY OF THE I.A. 58/2020 FILED BY
THE RESPONDENT TO CONDONE THE DELAY OF
1126 DAYS IN FILING THE REVIEW
PETITION
